Intellectual Property Registration

Statutory Process

Applications must be filed with the China National Intellectual Property Administration to secure patent or trademark rights. The process requires detailed technical specifications or design designs submitted through a qualified local agent. Examiners review the uniqueness of the design to ensure it does not conflict with existing registered items.

This procedure can take up to eighteen months for patents while trademark reviews are usually resolved within nine months.

Commercial Utility

Securing a certificate is necessary for conducting business on electronic commerce platforms and defending against local counterfeiters. Many supply chain partners demand proof of intellectual property registration before agreeing to manufacture or distribute goods. Having these documents registered under the name of the foreign entity prevents local distributors from claiming ownership over the brand.

This filing also allows the owner to record their rights with the General Administration of Customs to block infringing exports.

Dispute Action

Infringement remedies depend on having a valid registration certificate when submitting complaints to the Administration for Market Regulation. Authorities can raid factories, seize counterfeit goods, and impose administrative fines on the offending parties. While administrative actions are fast and stop current violations, civil courts are necessary to secure monetary damages.

The owner must maintain active renewals of their registered items to prevent the rights from expiring.